Are Auto Accident Settlement Just As Important As Everyone Says?
Tips For Filing a Car Accident Claim
In states that do not have no-fault insurance, you could have to sue the driver at a small claims court. Before auto accident lawyer hammond do this you should talk to an experienced accident attorney.
The other party's insurer will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and car damage, as well as losses such a pain and suffering. The process usually involves the following steps:
Gathering Information
If you're able do it at the scene of the crash while it is safe you should take photos of all vehicles involved in the accident, including the damage and any injuries that may have occurred. Taking these photographs could help to prove that the accident was as you described it. Also, take pictures of the scene including any skid marks or debris that are visible.
If possible, it's important to get the names, addresses, and phone numbers from eyewitnesses. They may be able to testify later as to how the accident occurred and who was at fault. In some instances, eyewitness testimony is the most valuable evidence in a lawsuit.
Make note of the insurance details of everyone involved in the accident. You will need to know the name of the insurance company, the policy number, and contact details as well as the license plate number and driver's name. This information should be gathered as soon as you can to avoid any issues or confusion later on.
Documentation of medical expenses and treatments is also very useful in the purpose of submitting a claim. Keep receipts for prescription medications and other expenses that were related to the accident. This could be helpful in proving the damages you claim. Also, if you are in a position of being unable to work because of injuries, it's essential to keep track of your lost wages.
Claim Form
If you're able to file a claim it's recommended to submit your claim as quickly as possible following the accident. This gives the insurance company an chance to look over all your documents and then get to work. It also ensures that your claim meets the deadlines stipulated by New York law.
You'll need to give details about the accident including any injuries that you may have sustained. The information you provide will be used to calculate damages. This includes compensation for medical expenses lost wages, property damage, and pain and discomfort.
If needed the insurance company will need to determine who is responsible. It is helpful to have the final police report available for this purpose. However it is crucial to keep in mind that determining fault isn't always straightforward. In some instances, even if you think the crash was your fault other factors might have contributed to the accident. For example, New York is a comparative fault state meaning that your damages will be diminished by the percentage of fault you have.
The insurance company will assign an adjuster to your case. It's best to have your lawyer with you as you talk to the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you're unable reach a settlement that is acceptable, you might have to take your case to court to get the money you are entitled to.
Inspecting the damage
The insurance company will want to visit the scene of the crash to observe the scene for themselves. They will likely interview you as well as any other participants involved in a crash and talk to witnesses and look over your vehicle. They will also look over your medical records, expenses, and lost wages in order to get a clearer picture of the accident's impact on you.
While you wait for the police to arrive You can take photos with your cell phone. This will help document skid marks, the locations of both vehicles, their extent of damage, as well as the presence of any obstructions.
If it's safe you can exchange insurance and contact information with other drivers involved in the crash. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information of each driver. Note the vehicle's model year, make and license plate number.
It's tempting to point fingers at another driver in the heat of the moment however, this could backfire. Be calm and avoid admitting fault or guilt. It's also a good idea to gather the names and phone numbers of eyewitnesses who witnessed the collision, if you can.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially when you're dealing with costs for medical expenses and lost wages. Engaging an experienced lawyer to handle all negotiations on behalf of you with the insurance company can make the process easier. An lawyer will better know the law, calculate the total amount of damages you have suffered, and know what to anticipate during settlement negotiations with an insurance company.
The first step in the settlement process is writing an official demand letter that outlines your demand for the amount you need to cover your injuries and expenses. Your lawyer can help you in compiling this information and also include any other relevant documents to support the demand. If you have sent pictures of your vehicle or injuries that were particularly severe to the insurance adjuster, your lawyer would mention them during negotiations. Your lawyer will also remind the adjuster about the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony that you've suffered due to the accident.
Insurance companies will take your claim more seriously if engage an attorney to negotiate an agreement on behalf of you. They will also offer a better settlement. Your lawyer will start a lawsuit if the insurance company refuses a fair settlement.